• Panchayat secretary not giving building permission

I have recently purchased land in an dtcp approved layout in rajahmundry.when we approached the panchayat secretary for building permission,he rejected it saying that the layout owners have not handed over open spaces to panchayati in 2001.the vigilance dept have enquired this irregularity and directed the panchayat secretary to collect a fine of RS 1557000/- ,that the cost of all open spaces that are sold out .we are willing to pay the fine ,but the panchayat secretary in not accepting it and asking us to approach higher authority since vigilance dept is involved.what can we do to get the building approval?
Asked 8 years ago in Property Law
Religion: Muslim

3 answers received in 2 hours.

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8 Answers

1. Whenever a legal right is infringed a citizen as power to approach the High Court and get the relief in the form of direction.

2. you have good case you will get favourble orders within short time.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

1. Well it appears that there is some irregularity was made while purchasing this proeprty by your seller.

2.Since in most of such cases the irregularities are mostly procedural in nature which is corrected by making penal payments.

3.However payment of fine or correcting the irregularities is governed by the rules of the local laws which differs in all states.

4SO refer to the rules and apply for regularisation. The vigilance has nothing to do with this.

5.If this does not help you then filing of writ petition remains your options.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

You have no option but to approach higher authority to obtain sanction of building plans

2) before you approach higher authority pay the fine otherwise your application would be rejected

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

1. Some irregularity must have been conducted in the transaction.

2. The only remedy for you is to approach the competent higher authority. If the fine has not been paid then pay it now.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

As per violence department order the fine is paid then Panchayat secretary should give if not you approach court

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

Dear Client,

When the disputed property is already approved with DTCP, what is the necessity of Panchayat permission. .

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Under the given situation the best option is to first issue a legal notice to the Panchayat Secretary, get his refusal in writing and then approach court of law for relief and remedy.

You can mention in the suit that you are ready and willing to deposit the said penalty amount with the court since the Panchayat is refusing to accept the same.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Hello,

File a writ of mandamus in the HC and thereupon the HC will direct the panchayat secretary to give building permission since you are ready to pay the cost of open spaces.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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